Elizabeth, NJ asked in Criminal Law for New Jersey

Q: I have a FRO by default and wanted to file a motion to vacate and then get my weapon that was seized back.

What is the best strategy to do this? Should I file a motion on my own or hire a lawyer? These fees to retain range from 1500-10000.. Which is very high for an order entered by default. What is best solution?

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4 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: The best solution is to hire a lawyer. But honestly even the 10K fee is not particularly high and even if you can vacate the default, that just puts the case back on and obviously you want a trial. Lastly remember you need to win so would it be smart not to have a good lawyer and remember a good lawyer is never cheap and a cheap lawyer is generally never good. Although I don't do FRO's myself I know the good lawyers that do, and I don't know any that would do it for the $1500 or even near that.

Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Considering the gravity of what is at stake here, any attorney you find that would take this type of case for such a low fee is either inexperienced or very desperate for business. I do not think you realize all the work that is involved in your particular case. First of all a Motion has to be filed to Vacate the Default, then there will be oral argument on the Motion. If that is successful, then you will have an FRO trial, and unless you are able to win at trial, you will have no chance of getting your weapons back. Violation of an FRO is a criminal offense. Once all that is successful, an attorney has to make a Motion, which, if opposed would req

Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Require oral argument. (My answer was sent incomplete). A realistic price range for all this work is $6,000 to $7,500. Of course, this is your future and if you want a bargain basement attorney, that is the kind of result you will get, which is not going to be what you want. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: Mr. Boyer and Mr. Aalsberg have given you good advice. It may not be intentional. But your question indicates that you do not understand the seriousness of a FRO or the difficulty you are going to have getting it vacated. Spend for the best lawyer you can afford. The lawyer who quoted $1500 has probably never done this before.

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